Tagrobe and gavel

Robe & Gavel: SCOTUS concludes December sitting

Welcome to the Dec. 5 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

It is the last week of our December sitting, dear readers, and we have a lot to cover. Let’s dig in, shall we?

Follow Ballotpedia on Twitter or subscribe to the Daily Brew for the latest news and analysis.

We #SCOTUS and you can, too!

Grants

Since our previous issue, SCOTUS has accepted one new case to its merits docket.

Click the links below to learn more about the case:

Biden v. Nebraska concerns the Biden Administration’s student loan debt relief program. The case originated from the U.S. District Court for the Western District of Texas.

To date, the court has agreed to hear 42 cases during its 2022-2023 term. Thirty-four cases have been scheduled for argument.

During the 2021-2022 term, the court agreed to hear 68 cases. Four cases were dismissed and one case was removed from the argument calendar.

Arguments

The court’s December argument sitting continues on Dec. 5. SCOTUS will hear arguments in five cases this week. Click the links below to learn more about these cases:

Dec. 5, 2022

303 Creative LLC v. Elenis concerns First Amendment challenges and anti-discrimination laws related to the LGBTQIA+ community.

  • The question presented: “Whether applying a public-accommodation law to compel an artist to speak or stay silent violates the free speech or free exercise clauses of the First Amendment.”

MOAC Mall Holdings LLC v. Transform Holdco LLC concerns Section 363(m) of the U.S. Bankruptcy Code and whether it limits appellate courts’ jurisdiction over certain cases that involve a sale order.

  • The question presented: “Whether Bankruptcy Code Section 363(m) limits the appellate courts’ jurisdiction over any sale order or order deemed ‘integral’ to a sale order, such that it is not subject to waiver, and even when a remedy could be fashioned that does not affect the validity of the sale.”

Dec. 6, 2022

United States, ex rel. Polansky v. Executive Health Resources, Inc. concerns the legal authority and standards required for dismissing claims under the False Claims Act.

  • The question presented: “Whether the government has authority to dismiss an FCA suit after initially declining to proceed with the action, and what standard applies if the government has that authority.”

Bartenwerfer v. Buckley concerns a bankruptcy debtor’s liability for another individual’s fraud, even if the debtor was unaware of the fraud.

Dec. 7, 2022

Moore v. Harper concerns the interpretation of the elections clause in Article I, section 4 of the Constitution, referred to as the independent state legislature doctrine, and whether the Constitution gives state legislatures sole authority to regulate federal elections without oversight from state courts.

  • The question presented: “Whether a State’s judicial branch may nullify the regulations governing the “Manner of holding Elections for Senators and Representatives . . . prescribed . . . by the Legislature thereof,” U.S. CONST. art. I, § 4, cl. 1, and replace them with regulations of the state courts’ own devising, based on vague state constitutional provisions purportedly vesting the state judiciary with power to prescribe whatever rules it deems appropriate to ensure a “fair” or “free” election.”

Opinions

SCOTUS has not issued any opinions since our previous edition. 

Between the 2007 and 2021 terms, SCOTUS issued opinions in 1,128 cases, averaging 75 opinions per year. During that period, the court reversed a lower court decision 805 times (71.4%) and affirmed a lower court decision 315 times (27.9%).

Upcoming SCOTUS dates

Here are the court’s upcoming dates of interest:

  • Dec. 9, 2022: SCOTUS will conference. A conference is a private meeting of the justices to consider cases.
  • Dec. 12, 2022: SCOTUS will issue orders.

Federal court action

Nominations

There have been no new nominations since our Nov. 28 edition.

The president has announced 141 Article III judicial nominations since taking office on Jan. 20, 2021. For more information on the president’s judicial nominees, click here.

Committee action

The Senate Judiciary Committee has reported 11 new nominees out of committee since our Nov. 28 edition.

The following nominees were reported to the full U.S. Senate for a confirmation vote on Dec. 1, 2022: 

Confirmations

The U.S. Senate has confirmed two new nominees since our previous edition:

As of Nov. 30, the Senate had confirmed 87 of President Biden’s judicial nominees—61 district court judges, 25 appeals court judges, and one Supreme Court justice.

Vacancies

According to the Administrative Office of U.S. Courts, the federal judiciary currently has 88 vacancies, 86 of which are for lifetime Article III judgeships. As of this writing, there are 43 pending nominations.

There are also 29 upcoming vacancies in the federal judiciary, where judges have announced their intention to leave active status.

Looking ahead

We’ll be back on Dec. 12 with a new edition of Robe & Gavel. Until then, gaveling out! 

Contributions

Myj Saintyl compiled and edited this newsletter, with contributions from Kate Carsella, and Sam Post.



Robe & Gavel: SCOTUS begins December argument sitting

Welcome to the November 28 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

Thanksgiving remains in the air and we’d like to thank you, our readers, for your continued support. We’re grateful for the opportunity to share these updates with all of you. Let’s gavel in, shall we?

Follow Ballotpedia on Twitter or subscribe to the Daily Brew for the latest news and analysis.

We #SCOTUS and you can, too!

Grants

Since our previous issue, SCOTUS has accepted two new cases to its merits docket.

Click the links below to learn more about each case:

Dubin v. United States originated from the U.S. District Court for the Southern District of Florida. The question presented is whether a person commits aggravated identity theft any time they mention or otherwise recite someone else’s name while committing a predicate offense.

  •  A predicate offense is a crime that may be considered a component of a larger crime.

Jack Daniel’s Properties, Inc. v. VIP Products LLC concerns intellectual property claims, specifically humorous use of another entity’s trademark as a commercial product. The case originated from the U.S. Court of Appeals for the 9th Circuit.

To date, the court has agreed to hear 41 cases during its 2022-2023 term. Thirty-four cases have been scheduled for argument.

During the 2021-2022 term, the court agreed to hear 68 cases. Four cases were dismissed and one case was removed from the argument calendar.

Arguments

The court’s December argument sitting begins on Nov. 28. SCOTUS will hear arguments in four cases this week. Click the links below to learn more about these cases:

Nov. 28, 2022

Percoco v. United States concerns the standard of evidence required to convict individuals of federal fraud and bribery.

  • The question presented: “Does a private citizen who holds no elected office or government employment, but has informal political or other influence over governmental decision making, owe a fiduciary duty to the general public such that he can be convicted of honest-services fraud?”

Ciminelli v. United States also concerns the standard of evidence required to convict individuals of federal fraud and bribery.

  • The question presented: “Whether the Second Circuit’s right to control theory of fraud-which treats the deprivation of complete and accurate information bearing on a person’s economic decision as a species of property fraud-states a valid basis for liability under the federal wire fraud statute, 18 U.S.C. § 1343.”

Nov. 29, 2022

United States v. Texas (2022) The case concerns a state’s ability to challenge the U.S. Department of Homeland Security’s (DHS) guidance on immigration enforcement and whether that guidance violates federal immigration law and the Administrative Procedure Act (APA).

  • The questions presented: 
    1. “Whether the state plaintiffs have Article III standing to challenge the Department of Homeland Security’s Guidelines for the Enforcement of Civil Immigration Law;
    2. “Whether the Guidelines are contrary to 8 U.S.C. §1226(c) or 8 U.S.C. §1231(a), or otherwise violate the Administrative Procedure Act; and
    3. “Whether 8 U.S.C. §1252(f)(1) prevents the entry of an order to “hold unlawful and set aside” the Guidelines under 5 U.S.C. §706(2).”

Nov. 30, 2022

In Wilkins v. United States, Larry Steven Wilkins and Jane Stanton own property in Ravalli County, Montana, that is subject to an easement which the U.S. Forest Service manages. In 2017, Wilkins, Stanton, and their neighbors requested that the Forest Service address problems related to alleged sporadic maintenance and increased use of the easement. In response, the Forest Service indicated that all management decisions were at its sole discretion and not beholden to the landowners. The petitioners filed a lawsuit in U.S. District Court under the Quiet Title Act. The government moved to dismiss for lack of subject matter jurisdiction, arguing the Quiet Title Act’s statute of limitations had passed. The District Court and the 9th Circuit both ruled that the petitioners did not have a case because the act’s statute of limitations was jurisdictional.

  • The question presented: “Is the Quiet Title Act’s Statute of Limitations a jurisdictional requirement or a claim-processing rule?”

Opinions

SCOTUS has not issued any opinions since our previous edition. 

Between the 2007 and 2021 terms, SCOTUS issued opinions in 1,128 cases, averaging 75 opinions per year. During that period, the court reversed a lower court decision 805 times (71.4 percent) and affirmed a lower court decision 315 times (27.9 percent).

Upcoming SCOTUS dates

Here are the court’s upcoming dates of interest:

  • Dec. 2, 2022: SCOTUS will conference. A conference is a private meeting of the justices to consider cases.
  • Dec 5, 2022: SCOTUS will hear arguments in two cases.
  • Dec. 6, 2022: SCOTUS will hear arguments in two cases.
  • Dec. 7, 2022: SCOTUS will hear arguments in one case.

Federal Court Action

Vacancies

According to the Administrative Office of U.S. Courts, the federal judiciary currently has 88 vacancies, 86 of which are for lifetime Article III judgeships. As of this writing, there are 45 pending nominations.

There are also 30 upcoming vacancies in the federal judiciary, where judges have announced their intention to leave active status.

Nominations

President Biden sent one new nomination to the U.S. Senate:


The president has announced 142 Article III judicial nominations since taking office on Jan. 20, 2021. For more information on the president’s judicial nominees, click here.

Committee action

The Senate Judiciary Committee has reported no new nominees out of committee since our last edition. 

New confirmations

Since our previous edition, the U.S. Senate has confirmed one new nominee:

As of Nov. 28, the Senate had confirmed 85 of President Biden’s judicial nominees—59 district court judges, 25 appeals court judges, and one Supreme Court justice.

Comparison of Article III judicial appointments over time by president (1981-Present)

  • Presidents have appointed an average of 77 judges through Nov. 1 of their second year in office.
  • President Bill Clinton (D) made the most appointments through Nov. 1 of his second year with 128. President Barack Obama (D) made the fewest with 43.
  • President Donald Trump (R) made the most appointments through four years with 234. President Reagan made the fewest through four years with 166.

Do you love judicial nomination, confirmation, and vacancy information? We figured you might. Our monthly Federal Vacancy Count monitors all the faces and places moving in, moving out, and moving on in the federal judiciary. Click here for our most current count.

Need a daily fix of judicial nomination, confirmation, and vacancy information? Click here for continuing updates on the status of all federal judicial nominees.

Or, keep an eye on this list for updates on federal judicial nominations.

Looking ahead

We’ll be back on Dec. 5 with a new edition of Robe & Gavel. Until then, gaveling out! 

Contributions

Myj Saintyl compiled and edited this newsletter, with contributions from Kate Carsella, and Sam Post.



Robe & Gavel November 7, 2022: Federal Judicial Vacancy Count released for Nov. 1

Welcome to the Nov. 7 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

Hello again, gentle readers! What an action-packed week we have on our hands: it’s election week, the second week of SCOTUS’ November sitting, and we have a fresh set of monthly data on the federal judiciary to unpack. Let’s mop our brows and gavel in, shall we?

Follow Ballotpedia on Twitter or subscribe to the Daily Brew for the latest news and analysis.

If you haven’t yet seen, we’re keeping our readers up to date with special coverage and reporting of the 2022 midterm elections this week. Keep an eye on your inbox for exclusive analysis and results reporting up and down the ballot. You can also visit Ballotpedia for election results and ongoing analysis.

We #SCOTUS and you can, too!

Grants

Since our previous issue, SCOTUS has accepted three new cases to its merits docket.

On Nov. 4, the court granted review in the following cases: 

  • Amgen Inc. v. Sanofi originates from the U.S. Court of Appeals for the Federal Circuit and concerns federal patent applications.
  • Abitron Austria GmbH v. Hetronic International, Inc. originates from the U.S. Court of Appeals for the 10th Circuit. The case involves the Lanham Act and trademark infringement claims.
  • Arizona v. Navajo Nation (Consolidated with Department of the Interior v. Navajo Nation)
  •  originate from the U.S. Court of Appeals for the 9th Circuit and concern a water rights dispute over the Colorado River.

To date, the court has agreed to hear 39 cases during its 2022-2023 term

Arguments

The Supreme Court will hear arguments in five cases this week. Click here to read more about SCOTUS’ current term.

Nov. 7

Nov. 8

Nov. 9

The court’s December argument sitting begins on Nov. 28. The court will hear arguments in nine cases.

Nine cases have not yet been added to the argument calendar.

Opinions

SCOTUS has not issued any opinions since our previous edition. 

The Federal Vacancy Count

The Federal Vacancy Count tracks vacancies, nominations, and confirmations to all United States Article III federal courts in a one-month period. 

The Nov. 1 report covers nominations, confirmations, and vacancies from Oct. 2 through Nov. 1. The U.S. Courts data used for this report is published on the first of each month and covers the previous month.

Highlights

  • Vacancies: There were two new judicial vacancies. There were 87 vacancies out of 870 active Article III judicial positions. Including the U.S. Court of Federal Claims and the U.S. territorial courts, 89 of 890 active federal judicial positions were vacant.  
  • Nominations: There was one new nomination. 
  • Confirmations: There were no new confirmations.

Vacancy count for Nov. 1, 2022

A breakdown of the vacancies at each level can be found in the table below. For a more detailed look at the vacancies in the federal courts, click here.

*Though the United States territorial courts are named as district courts, they are not Article III courts. They are created in accordance with the power granted under Article IV of the U.S. Constitution. Click here for more information.

New vacancies

Two judges left active status, creating Article III life-term judicial vacancies. The president nominates individuals to fill Article III judicial positions. Nominations are subject to U.S. Senate confirmation.

The following chart compares the number of vacancies on the United States Courts of Appeals on the date of President Joe Biden’s (D) inauguration to vacancies on Nov. 1.

U.S. District Court vacancies

The following map shows the vacancy percentage in each of the United States District Courts as of Nov. 1, 2022.

New nominations

President Biden announced one new nomination:


The president has announced 142 Article III judicial nominations since taking office Jan. 20, 2021. For more information on the president’s judicial nominees, click here.

New confirmations

The U.S. Senate has confirmed no new nominees since our previous edition.

As of Nov. 1, 2022, the Senate had confirmed 84 of President Biden’s judicial nominees—58 district court judges, 25 appeals court judges, and one Supreme Court justice.

Comparison of Article III judicial appointments over time by president (1981-Present)

  • Presidents have appointed an average of 77 judges through Nov. 1 of their second year in office.
  • President Bill Clinton (D) made the most appointments through Nov. 1 of his second year with 128. President Barack Obama (D) made the fewest with 43.
  • President Donald Trump (R) made the most appointments through four years with 234. President Reagan made the fewest through four years with 166.

Need a daily fix of judicial nomination, confirmation, and vacancy information? Click here for continuing updates on the status of all federal judicial nominees.

Or, keep an eye on this list for updates on federal judicial nominations.

Looking ahead

We’ll be back on Nov. 28 with a new edition of Robe & Gavel to herald in the new SCOTUS term. Until then, gaveling out! 

Contributions

Kate Carsella compiled and edited this newsletter with contributions from Caitlin Styrsky, Myj Saintyl, and Sam Post.



Robe & Gavel October 31, 2022: SCOTUS begins November argument sitting

Welcome to the Oct. 31 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

It is the last Monday in October, dear readers, and the veil between worlds is at its thinnest. Let us glimpse into a world mysterious yet uncannily familiar to us—one of gavels, benches, robes, and allegations—that of the federal judiciary and Supreme Court! Let’s gavel in, shall we?

Follow Ballotpedia on Twitter or subscribe to the Daily Brew for the latest news and analysis.

We #SCOTUS and you can, too!

Grants

SCOTUS has not accepted any new cases to its merits docket since our Oct. 11 edition.

To date, the court has agreed to hear 36 cases during its 2022-2023 term. Eighteen cases have been scheduled for argument.

Arguments

The Supreme Court will hear arguments in five cases this week. Click here to read more about SCOTUS’ current term.

Click the links below to learn more about these cases: 

Oct. 31

SCOTUS consolidated these cases when it granted review on Jan. 24, 2022. On July 22, 2022, the cases were vided, or separated, for arguments.

Nov. 1

  • Jones v. Hendrix originates from the U.S. Court of Appeals for the Eighth Circuit. At issue is how federal inmates may challenge the legality of their convictions. The court is asked to consider how to bring legal challenges under federal custody law 28 U.S.C. § 2255 and under habeas corpus. Writs of habeas corpus protect against illegal imprisonment. 
  • Cruz v. Arizona originates from the Arizona Supreme Court. John Montenegro Cruz was convicted of capital murder and was sentenced to death in 2005. In Simmons v. South Carolina (1994), SCOTUS held that “in cases where a capital defendant’s future dangerousness is at issue, due process entitles the defendant to inform the jury that he will be ineligible for parole if not sentenced to death.” Cruz alleges that he was not able to inform the trial jury of his future ineligibility and that the state courts’ rejections of his appeals on this matter violated U.S. Supreme Court precedent. SCOTUS’ ruling in Lynch v. Arizona (2016) established that the Simmons rule applies in Arizona. 

Nov. 2

During the 2021-2022 term, the court agreed to hear 68 cases. Four cases were dismissed and one case was removed from the argument calendar.

Opinions

SCOTUS has not issued any opinions since our previous edition. 

Between the 2007 and 2021 terms, SCOTUS issued opinions in 1,128 cases, averaging 75 opinions per year. During that period, the court reversed a lower court decision 805 times (71.4 percent) and affirmed a lower court decision 315 times (27.9 percent).

Upcoming SCOTUS dates

Here are the court’s upcoming dates of interest:

  • Oct. 31: SCOTUS will hear arguments in two cases.
  • Nov. 1: SCOTUS will hear arguments in two cases.
  • Nov. 2: SCOTUS will hear arguments in one case.
  • Nov. 4: SCOTUS will conference. A conference is a private meeting of the justices. 

Federal court action

Nominations

On Oct. 14, 2022. President Biden announced his intent to nominate Scott Colom to the U.S. District Court for the Northern District of Mississippi.

The president has announced 142 Article III judicial nominations since taking office on Jan. 20, 2021. For more information on the president’s judicial nominees, click here.

Committee action

The Senate Judiciary Committee has reported no new nominees out of committee since our last edition. 

Confirmations

The Senate has confirmed no new nominees since our Oct. 11 issue. 

As of this writing, 84 of President Biden’s Article III nominees have been confirmed since he assumed office.

Vacancies

The federal judiciary currently has 88 vacancies, 86 of which are for lifetime Article III judgeships. As of this writing, there are 45 pending nominations.

According to the Administrative Office of U.S. Courts, there are 30 upcoming vacancies in the federal judiciary, where judges have announced their intention to leave active status.

For more information on judicial vacancies during the Biden administration, click here.

Do you love judicial nomination, confirmation, and vacancy information? We figured you might. Our monthly Federal Vacancy Count monitors all the faces and places moving in, moving out, and moving on in the federal judiciary. Click here for our most current count.

Need a daily fix of judicial nomination, confirmation, and vacancy information? Click here for continuing updates on the status of all federal judicial nominees.

Or, keep an eye on our list for updates on federal judicial nominations.

Looking ahead

We’ll be back on Nov. 7 with a new edition of Robe & Gavel. Until then, gaveling out! 

Contributions

Kate Carsella compiled and edited this newsletter with contributions from Myj Saintyl, Sam Post, and Caitlin Styrsky.



Robe & Gavel, October 11, 2022: Federal Judicial Vacancy Count released for Oct. 1

Welcome to the Oct. 11 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

Hello again, gentle readers! It is October and we are in the midst of apple-picking, pie-making, scaring each other and ourselves, and the first argument sitting of the new SCOTUS term. Let’s gavel in, shall we?

Follow Ballotpedia on Twitter or subscribe to the Daily Brew for the latest news and analysis.

We #SCOTUS and you can, too!

Grants

Since our previous issue, SCOTUS has accepted no new cases to its merits docket.

To date, the court has agreed to hear 36 cases during its 2022-2023 term

Arguments

The Supreme Court will hear arguments in four cases this week. Click here to read more about SCOTUS’ current term.

Oct. 11

  • National Pork Producers Council v. Ross concerns whether California Proposition 12’s requirements for pork producers to sell pork in the state are constitutional. For more information on the case’s background, click here
  • Reed v. Goertz concerns a split between the U.S. circuit courts on when the statute of limitations begins to run for a criminal defendant to file a federal claim for DNA testing of crime-scene evidence. Click here to learn more about the case’s background. 

Oct. 12

The court’s November argument sitting begins on Oct. 31. The court will hear arguments in 10 cases.

Eighteen cases have not yet been added to the argument calendar.

Opinions

SCOTUS has not issued any opinions since our previous edition. 

The Federal Vacancy Count

The Federal Vacancy Count tracks vacancies, nominations, and confirmations to all United States Article III federal courts in a one-month period. 

The Oct. 1 report covers nominations, confirmations, and vacancies from Sept. 2 through Oct. 1. The U.S. Courts data used for this report is published on the first of each month and covers the previous month.

Highlights

  • Vacancies: There were six new judicial vacancies. There were 83 vacancies out of 870 active Article III judicial positions. Including the U.S. Court of Federal Claims and the U.S. territorial courts, 85 of 890 active federal judicial positions were vacant.  
  • Nominations: There were nine new nominations. 
  • Confirmations: There were eight new confirmations.

Vacancy count for Oct. 1, 2022

A breakdown of the vacancies at each level can be found in the table below. For a more detailed look at the vacancies in the federal courts, click here.

*Though the United States territorial courts are named as district courts, they are not Article III courts. They are created in accordance with the power granted under Article IV of the U.S. Constitution. Click here for more information.

New vacancies

Six judges left active status, creating Article III life-term judicial vacancies. The president nominates individuals to fill Article III judicial positions. Nominations are subject to U.S. Senate confirmation.

The following chart compares the number of vacancies on the United States Courts of Appeals on the date of President Joe Biden’s (D) inauguration to vacancies on Oct. 1.

U.S. District Court vacancies

The following map shows the number of vacancies in the United States District Courts as of Oct. 1, 2022.

New nominations

President Biden announced nine new nominations:


The president has announced 141 Article III judicial nominations since taking office Jan. 20, 2021. For more information on the president’s judicial nominees, click here.

New confirmations

The U.S. Senate confirmed eight nominees:

As of Oct. 1, 2022, the Senate had confirmed 84 of President Biden’s judicial nominees—58 district court judges, 25 appeals court judges, and one Supreme Court justice.

Comparison of Article III judicial appointments over time by president (1981-Present)

  • Presidents have appointed an average of 75 judges through Oct. 1 of their second year in office.
  • President Bill Clinton (D) made the most appointments through Oct. 1 of his second year with 100. President Barack Obama (D) made the fewest with 43.
  • President Donald Trump (R) made the most appointments through four years with 234. President Reagan made the fewest through four years with 166.

Need a daily fix of judicial nomination, confirmation, and vacancy information? Click here for continuing updates on the status of all federal judicial nominees.

Or, keep an eye on this list for updates on federal judicial nominations.

Looking ahead

We’ll be back on Oct. 31 with a new edition of Robe & Gavel to herald in the new SCOTUS term. Until then, gaveling out! 

Contributions

Kate Carsella compiled and edited this newsletter with contributions from Caitlin Styrsky, Myj Saintyl, and Sam Post.



Robe & Gavel: SCOTUS begins October Term 2022-2023

Welcome to the Oct. 3 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

It is the first Monday in October, dear readers, and we all know what that means. SCOTUS has returned from its summer recess to begin the 2022-2023 October Term in its new incarnation, as Justice Ketanji Brown Jackson starts her first term on the court. Let’s gavel in, shall we?

Follow Ballotpedia on Twitter or subscribe to the Daily Brew for the latest news and analysis.

We #SCOTUS and you can, too!

Grants

SCOTUS accepted nine new cases to its merits docket on Oct. 3:

  • Perez v. Sturgis Public Schools
  • Gonzalez v. Google LLC
  • In re Grand Jury
  • Santos-Zacaria v. Garland
  • Glacier Northwest, Inc. v. International Brotherhood of Teamsters
  • Turkiye Halk Bankasi A.S. v. United States
  • Twitter, Inc. v. Taamneh
  • Financial Oversight and Management Board for Puerto Rico v. Centro de Periodismo Investigativo, Inc.
  • Ohio Adjutant General’s Department vs. Federal Labor Relations Authority (FLRA)

Click here to learn more about these cases. 

To date, the court has agreed to hear 36 cases during its 2022-2023 term. Eighteen cases have been scheduled for argument.

Arguments

The Supreme Court will hear arguments in four cases this week. Click here to read more about SCOTUS’ current term.

Click the links below to learn more about these cases: 

Oct. 3

Oct. 4

  • Merrill v. Milligan (Consolidated with Merrill v. Caster) concerns the Voting Rights Act and redistricting. A group of Alabama voters and organizations sued Secretary of State John Merrill (R) and the House and Senate redistricting chairmen, Rep. Chris Pringle (R) and Sen. Jim McClendon (R). The plaintiffs alleged the congressional map approved by Gov. Kay Ivey (R) on Nov. 4, 2021, weakened the electoral strength of Black voters. The plaintiffs asked the lower court to invalidate the enacted congressional map and order a new map with instructions to include a second majority-Black district. Click here to learn more about the cases’ background details. 
  • Arellano v. McDonough involves 38 U.S.C. § 5110 and the doctrine of equitable tolling. Under 38 U.S.C. § 5110, disability benefits can be awarded retroactively to the date of discharge if a veteran applies within one year of that date. Service-disabled veteran Adolfo Arellano was discharged from the U.S. Navy in October 1981. Approximately 30 years later, he applied for disability compensation benefits. Arellano challenged the effective date of his benefits, arguing the one-year deadline should have been tolled, or paused, because his disability prevented him from applying for benefits earlier. The Board of Veterans’ Appeals rejected the argument. Arellano appealed his case until it reached the U.S. Court of Appeals for the Federal Circuit. This court held in a divided 6-6 opinion that Arellano’s effective date was the date his application was received (June 2011), not retroactive to his date of discharge (October 1981). SCOTUS will review and decide when one qualifies for retroactive compensation. Click here to learn more about the case’s background. 

During the 2021-2022 term, the court agreed to hear 68 cases. Four cases were dismissed and one case was removed from the argument calendar.

Opinions

SCOTUS has not issued any opinions since our previous edition. 

Between the 2007 and 2021 terms, SCOTUS issued opinions in 1,128 cases, averaging 75 opinions per year. During that period, the court reversed a lower court decision 805 times (71.4 percent) and affirmed a lower court decision 315 times (27.9 percent).

Upcoming SCOTUS dates

Here are the court’s upcoming dates of interest:

  • Oct. 3: SCOTUS will hear arguments in two cases.
  • Oct. 4: SCOTUS will hear arguments in two cases.
  • Oct. 7: SCOTUS will conference. A conference is a private meeting of the justices. 

SCOTUS trivia

Justice Ketanji Brown Jackson became the first Black woman to join the U.S. Supreme Court after taking her constitutional oath and her judicial oath on June 30, 2022, in the court’s West Conference Room.

Federal court action

Nominations

There have been no new nominations since our Sept. 12 edition.

The president has announced 141 Article III judicial nominations since taking office on Jan. 20, 2021. For more information on the president’s judicial nominees, click here.

Committee action

The Senate Judiciary Committee has reported 11 new nominees out of committee since our last edition. 

The following nominees were reported to the full U.S. Senate for a confirmation vote on Sept. 15, 2022: 

The following nominees were reported on Sept. 30, 2022:

Confirmations

The Senate has confirmed four nominees since our Sept. 12 issue. 

As of this writing, 84 of President Biden’s Article III nominees have been confirmed since he assumed office.

Vacancies

The federal judiciary currently has 83 vacancies, 81 of which are for lifetime Article III judgeships. As of this writing, there were 57 pending nominations.

According to the Administrative Office of U.S. Courts, there were 33 upcoming vacancies in the federal judiciary, where judges have announced their intention to leave active status.

For more information on judicial vacancies during the Biden administration, click here.

Note: This chart is updated at the start of each month with the latest vacancy data from U.S. Courts

Do you love judicial nomination, confirmation, and vacancy information? We figured you might. Our monthly Federal Vacancy Count monitors all the faces and places moving in, moving out, and moving on in the federal judiciary. Click here for our most current count.

Need a daily fix of judicial nomination, confirmation, and vacancy information? Click here for continuing updates on the status of all federal judicial nominees.

Or, keep an eye on our list for updates on federal judicial nominations.

Looking ahead

We’ll be back on Oct. 11 with a new edition of Robe & Gavel. Until then, gaveling out! 

Contributions

Kate Carsella compiled and edited this newsletter.



Robe & Gavel: Federal Judicial Vacancy Count released for Aug. 1

Welcome to the Aug. 8 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

Hello again, gentle readers! We deliver this edition in honor of our very own Associate Justice Brittony Maag, who shall be leaving us later this week, voyaging onward into new adventures. Thank you for everything, Brittony! Now, as we dab our eyes and bravely carry on, let’s gavel in, shall we?

Follow Ballotpedia on Twitter or subscribe to the Daily Brew for the latest news and analysis.

We #SCOTUS and you can, too!

Grants

Since our previous issue, SCOTUS has accepted one new case to be argued on the merits.

United States v. Texas (2022) questions whether the U.S. Department of Homeland Security (DHS) violated U.S. immigration law and the Administrative Procedure Act (APA). 

In Sept. 2021, DHS stated it would “prioritize for apprehension and removal noncitizens who are a threat to our national security, public safety, and border security.” 

To date, the court has agreed to hear 27 cases during its 2022-2023 term

Arguments

The Supreme Court has scheduled its October sitting for the 2022-2023 term. The court will hear arguments in eight cases over two weeks.

Click the links below to learn more about the cases:

Oct. 3

Oct. 4

Oct. 11

Oct. 12


On Aug. 3, the court scheduled its November sitting. The court will hear arguments in 10 cases:

Oct. 31

Nov. 1

Nov. 2

Nov. 7

Nov. 8

Nov. 9

  • Haaland v. Brackeen (Consolidated with Cherokee Nation v. Brackeen, Texas v. Haaland, Brackeen v. Haaland)

Nine cases have not yet been added to the argument calendar.

Opinions

SCOTUS has not issued any opinions since our previous edition.

The Federal Vacancy Count

The Federal Vacancy Count tracks vacancies, nominations, and confirmations to all United States Article III federal courts in a one-month period. 

The Aug. 1 report covers nominations, confirmations, and vacancies from July 2 through Aug. 1. The U.S. Courts data used for this report is published on the first of each month and covers the previous month.

Highlights

  • Vacancies: There were four new judicial vacancies. There were 75 vacancies out of 870 active Article III judicial positions. Including the U.S. Court of Federal Claims and the U.S. territorial courts, 77 of 890 active federal judicial positions were vacant.  
  • Nominations: There were 25 new nominations. 
  • Confirmations: There were five new confirmations.

Vacancy count for Aug. 1, 2022

A breakdown of the vacancies at each level can be found in the table below. For a more detailed look at the vacancies in the federal courts, click here.

*Though the United States territorial courts are named as district courts, they are not Article III courts. They are created in accordance with the power granted under Article IV of the U.S. Constitution. Click here for more information.

New vacancies

Four judges left active status, creating Article III life-term judicial vacancies. The president nominates individuals to fill Article III judicial positions. Nominations are subject to U.S. Senate confirmation.

The following chart tracks the number of vacancies in the United States Courts of Appeals from the inauguration of President Joe Biden (D) to the date indicated on the chart.

U.S. District Court vacancies

The following map shows the number of vacancies in the United States District Courts as of Aug. 1, 2022.

New nominations

President Biden announced 25 new nominations:


The president has announced 130 Article III judicial nominations since taking office Jan. 20, 2021. For more information on the president’s judicial nominees, click here.

New confirmations

The U.S. Senate confirmed five nominees:

As of Aug. 1, 2022, the Senate had confirmed 74 of President Biden’s judicial nominees—56 district court judges, 17 appeals court judges, and one Supreme Court justice.

Comparison of Article III judicial appointments over time by president (1981-Present)

  • Presidents have appointed an average of 61 judges through Aug. 1 of their second year in office.
  • Presidents Bill Clinton (D) and Joe Biden (D) made the most appointments through Aug. 1 of their second years with 74, followed by President George W. Bush (R) with 72. President Barack Obama (D) made the fewest with 37.
  • President Donald Trump (R) made the most appointments through four years with 234. President Reagan made the fewest through four years with 166.

Need a daily fix of judicial nomination, confirmation, and vacancy information? Click here for continuing updates on the status of all federal judicial nominees.

Or, keep an eye on this list for updates on federal judicial nominations.

Looking ahead

We’ll be back on Sept. 12 with a new edition of Robe & Gavel. Until then, gaveling out! 

Contributions

Kate Carsella compiled and edited this newsletter, with contributions from Brittony Maag, Caitlin Styrsky, and Sara Reynolds.

Thank you, Brittony, for your tenure as Ballotpedia Associate Justice. Our coverage is all the better for your work on it.



Robe & Gavel: Federal Judicial Vacancy Count released for July 1

Welcome to the July 11 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

We are now in the dog days, fair readers, and though SCOTUS has transitioned into its summer recess, we have plenty to cover. Let’s grab an iced tea and gavel in, shall we? 

Follow Ballotpedia on Twitter or subscribe to the Daily Brew for the latest news and analysis.

We #SCOTUS and you can, too!

Noteworthy court announcements

Here’s a quick roundup of the court’s noteworthy announcements since the June 14 edition of Robe & Gavel:

Court membership change

June 30, 2022: Associate Justice Stephen Breyer officially retired from the court as an active justice and assumed senior status. His successor, Associate Justice Ketanji Brown Jackson, was commissioned to the court on April 8, 2022, and was sworn in on June 30. Justice Jackson was elevated from the U.S. Court of Appeals for the District of Columbia Circuit. 

Court reinstates Louisiana voting map


June 28, 2022: In the case Ardoin v. Robinson, concerning whether the Louisiana State Legislature must draw a new congressional voting map to create two majority-minority districts based on race as the sole non-negotiable variable, the court blocked a U.S. district court’s preliminary injunctions that required the new maps. The district court ruled the existing maps violated the Voting Rights Act. Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan dissented.

Grants

Since our previous issue, SCOTUS has accepted six new cases to its merits docket. To date, the court has agreed to hear 23 cases during its 2022-2023 term. The court has not yet scheduled any of the cases for argument.

Click the links below to learn more about these cases:

Arguments

The Supreme Court has finished hearing arguments for its 2021-2022 term. During the term, the court accepted 68 cases for oral argument. It heard 63 cases after four cases were dismissed and one case was removed from the argument calendar. The court’s 2022-2023 term is scheduled to begin on Oct. 3, 2022.

Opinions

SCOTUS ruled on 24 cases since our June 14 edition. Click the links below to read more about the specific cases:

June 15

June 21

June 23

June 24

June 27

June 29

June 30

The Federal Vacancy Count

The Federal Vacancy Count tracks vacancies, nominations, and confirmations to all United States Article III federal courts in a one-month period. 

The June report covers nominations, confirmations, and vacancies from June 2 through July 1

Highlights

  • Vacancies: There were three new judicial vacancies in June. There were 75 vacancies out of 870 active Article III judicial positions. Including the U.S. Court of Federal Claims and the U.S. territorial courts, 77 of 890 active federal judicial positions were vacant.  
  • Nominations: There were nine new nominations. 
  • Confirmations: There were three new confirmations.

Vacancy count for July 1, 2022

A breakdown of the vacancies at each level can be found in the table below. For a more detailed look at the vacancies in the federal courts, click here.

*Though the United States territorial courts are named as district courts, they are not Article III courts. They are created in accordance with the power granted under Article IV of the U.S. Constitution. Click here for more information.

New vacancies

Three judges left active status in June, creating Article III life-term judicial vacancies. The president nominates individuals to fill Article III judicial positions. Nominations are subject to U.S. Senate confirmation.

The following chart tracks the number of vacancies in the United States Courts of Appeals from the inauguration of President Joe Biden (D) to the date indicated on the chart.

U.S. District Court vacancies

The following map shows the number of vacancies in the United States District Courts as of July 1, 2022.

New nominations

President Biden announced nine new nominations in June.


The president has announced 105 Article III judicial nominations since taking office Jan. 20, 2021. For more information on the president’s judicial nominees, click here.

New confirmations

The U.S. Senate confirmed three nominees in June. 

As of July 1, 2022, the Senate had confirmed 69 of President Biden’s judicial nominees—49 district court judges, 16 appeals court judges, and one Supreme Court justice.

Comparison of Article III judicial appointments over time by president (1981-Present)

  • Presidents have appointed an average of 56 judges through July 1 of their second year in office.
  • President Bill Clinton (D) made the most appointments through July 1 of his second year with 72, followed by President Biden with 69. President Barack Obama (D) made the fewest with 36.
  • President Donald Trump (R) made the most appointments through four years with 234. President Reagan made the fewest through four years with 166.

Need a daily fix of judicial nomination, confirmation, and vacancy information? Click here for continuing updates on the status of all federal judicial nominees.

Or, keep an eye on this list for updates on federal judicial nominations.

Looking ahead

We’ll be back on Aug. 8 with a new edition of Robe & Gavel. Until then, gaveling out! 

Contributions

Kate Carsella compiled and edited this newsletter, with contributions from Brittony Maag, Caitlin Styrsky, and Sara Reynolds.



Robe & Gavel: Federal Judicial Vacancy Count released for June 1

Welcome to the June 14 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

It is June, fair readers, and you know what that means—strawberries are ripening in the garden and we are in the heat of SCOTUS’ opinion season. Let’s grab a bushel and gavel in, shall we? 

Follow Ballotpedia on Twitter or subscribe to the Daily Brew for the latest news and analysis.

We #SCOTUS and you can, too!

Noteworthy court announcements

Here’s a quick roundup of the court’s noteworthy announcements since the May 9 edition of Robe & Gavel:

Court allows counting of undated Pennsylvania ballots after Justice Alito puts counting on hold

  • June 9: 2022: In Ritter v. Migliori, the court denied an emergency application to stay, or put on hold, the 3rd Circuit Court of Appeals’ decision allowing Pennsylvania elections officials to count undated mail-in ballots. The court overruled the stay that Justice Samuel Alito granted on May 31 before he referred the application to the full court. Justice Alito dissented from the court’s June 9 order and was joined in his dissent by Justices Clarence Thomas and Neil Gorsuch.

David Ritter, a 2021 Republican candidate for Lehigh County Court of Common Pleas, Pennsylvania, brought the case, which concerns a Pennsylvania law requiring voters to sign and date their mail-in ballots. Ritter petitioned the U.S. Supreme Court for review after the 3rd Circuit ordered Lehigh County to count more than 250 undated ballots. Ritter’s emergency stay application said counting those ballots would “likely eras[e] Ritter’s 71-vote lead.”

Grants

SCOTUS has accepted three new cases to its merits docket since our previous issue. To date, the court has agreed to hear 17 cases during its 2022-2023 term. The court has not yet scheduled any of the cases for argument.

Click the links below to learn more about these cases:

Arguments

The Supreme Court has finished hearing arguments for its 2021-2022 term. During the term, the court accepted 66 cases for oral argument. It heard 61 cases after four cases were dismissed and one case was removed from the argument calendar. The court’s 2022-2023 term is scheduled to begin on Oct. 3, 2022.

Opinions

SCOTUS has ruled on 13 cases since our May 9 edition. The court has issued rulings in 40 cases so far this term. Three cases were decided without argument. 

Click the links below to read more about the specific cases SCOTUS ruled on since May 9:

May 2

May 16

May 23

June 6

June 8

June 13

Upcoming SCOTUS dates

Here are the court’s upcoming dates of interest:

  • June 15: SCOTUS will release opinions.
  • June 16: SCOTUS will conference. A conference is a private meeting of the justices.
  • June 21: SCOTUS will issue orders.
  • June 23: SCOTUS will conference.
  • June 27: SCOTUS will issue orders.

The Federal Vacancy Count

The Federal Vacancy Count tracks vacancies, nominations, and confirmations to all United States Article III federal courts in a one-month period. 

The May report covers nominations, confirmations, and vacancies from May 2 through June 1

Highlights

  • Vacancies: There were five new judicial vacancies in April. There were 75 vacancies out of 870 active Article III judicial positions. Including the U.S. Court of Federal Claims and the U.S. territorial courts, 77 of 890 active federal judicial positions were vacant.  
  • Nominations: There were three new nominations. 
  • Confirmations: There were six new confirmations.

Vacancy count for June 1, 2022

A breakdown of the vacancies at each level can be found in the table below. For a more detailed look at the vacancies in the federal courts, click here.

*Though the United States territorial courts are named as district courts, they are not Article III courts. They are created in accordance with the power granted under Article IV of the U.S. Constitution. Click here for more information.

New vacancies

Five judges left active status since the previous report, creating Article III life-term judicial vacancies. The president nominates individuals to fill Article III judicial positions. Nominations are subject to U.S. Senate confirmation.

The following chart tracks the number of vacancies in the United States Courts of Appeals from the inauguration of President Joe Biden (D) to the date indicated on the chart.

U.S. District Court vacancies

The following map shows the number of vacancies in the United States District Courts as of June 1, 2022.

New nominations

President Biden announced three new nominations during the month of May.


The president has announced 96 Article III judicial nominations since taking office Jan. 20, 2021. For more information on the president’s judicial nominees, click here.

New confirmations

The U.S. Senate confirmed six nominees since our previous report. 

As of June 1, 2022, the Senate had confirmed 66 of President Biden’s judicial nominees—49 district court judges, 16 appeals court judges, and one Supreme Court justice.

Comparison of Article III judicial appointments over time by president (1981-Present)

  • Presidents have appointed an average of 50 judges through June 1 of their second year in office.
  • Biden made the most appointments through June 1 of his second year with 66, followed by President Bill Clinton (D) with 59. President Barack Obama (D) made the fewest with 26.
  • President Donald Trump (R) made the most appointments through four years with 234. President Reagan made the fewest through four years with 166.

Need a daily fix of judicial nomination, confirmation, and vacancy information? Click here for continuing updates on the status of all federal judicial nominees.

Or, keep an eye on this list for updates on federal judicial nominations.

Looking ahead

We’ll be back on July 11 with a new edition of Robe & Gavel. Until then, gaveling out! 

Contributions

Kate Carsella compiled and edited this newsletter, with contributions from Brittony Maag and Sara Reynolds.



Robe & Gavel: Federal Judicial Vacancy Count released for May 1

Welcome to the May 9 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

Fear not, dear reader, that the end of oral arguments at the high court means no more SCOTUS action until next term. On the contrary–the justices are busy conferencing, granting new cases, and issuing opinions. So don’t retire your gavel—or your reading glasses—just yet. Our newsletter is here to keep you in the loop. This edition also features a rundown of our latest judicial vacancy data, so take a seat, grab those glasses, and gavel in to our May 9 edition.

Stay up to date on the latest news by following Ballotpedia on Twitter or subscribing to the Daily Brew.

We #SCOTUS and you can, too!

Grants

SCOTUS has accepted three new cases since our last edition. To date, the court has agreed to hear 14 cases during its 2022-2023 term. The court has not yet scheduled any of the cases for argument.

May 2

  • Health and Hospital Corporation of Marion County, Indiana v. Talevski concerns a private plaintiff’s ability to sue an entity for allegedly violating laws Congress passed using its spending clause power in Article I, Section 8 of the Constitution. It came to the court from the U.S. Court of Appeals for the 7th Circuit. The petitioners presented two questions to the court: “1. Whether, in light of compelling historical evidence to the contrary, the Court should reexamine its holding that Spending Clause legislation gives rise to privately enforceable rights under Section 1983. 2. Whether, assuming Spending Clause statutes ever give rise to private rights enforceable via Section 1983, FNHRA’s transfer and medication rules do so.”
  • Bartenwerfer v. Buckley concerns a bankruptcy debtor’s liability for another individual’s fraud, even if the debtor was unaware of the fraud. The question presented to the court asks: “May an individual be subject to liability for the fraud of another that is barred from discharge in bankruptcy under 11 U.S.C. (the “Bankruptcy Code”) § 523(a)(2)(A), by imputation, without any act, omission, intent or knowledge of her own?” The case originated from the U.S. Court of Appeals for the 9th Circuit.
  • Helix Energy Solutions Group, Inc. v. Hewitt concerns the Fair Labor Standards Act (FLSA) and 29 CFR § 541.601, which provides that certain high-earning employees are not entitled to overtime pay under the FLSA. The question the court will decide is: “Whether a supervisor making over $200,000 each year is entitled to overtime pay because the standalone regulatory exemption set forth in 29 C.F.R. §541.601 remains subject to the detailed requirements of 29 C.F.R. §541.604 when determining whether highly compensated supervisors are exempt from the FLSA’s overtime-pay requirements.” The case came from the U.S. Court of Appeals for the 5th Circuit.

Arguments

The Supreme Court has finished hearing arguments for its 2021-2022 term. During the term, the court accepted 66 cases for oral argument. It heard 61 cases after four cases were dismissed and one case was removed from the argument calendar. The court’s 2022-2023 term is scheduled to begin on October 3, 2022.

Opinions

SCOTUS has issued three rulings since our April 25 edition. The court has decided 27 cases so far this term, three of which were decided without argument. 

April 28

Chief Justice John Roberts wrote the court’s majority opinion. Justice Stephen Breyer filed a dissenting opinion, joined by Justices Sonia Sotomayor and Elena Kagan.

Justice Amy Coney Barrett recused herself because as a judge on the 7th Circuit she was part of the panel who decided the case. 

May 2

  • In Shurtleff v. City of Boston, the court reversed the U.S. Court of Appeals for the 1st Circuit’s ruling in a 9-0 decision. The court found that the city of Boston violated the First Amendment when it denied a Christian group’s application to fly a Christian flag in front of city hall. Writing for the majority, Justice Breyer stated that, “[O]n balance, Boston did not make the raising and flying of private groups’ flags a form of government speech. That means, in turn, that Boston’s refusal to let Shurtleff and Camp Constitution raise their flag based on its religious viewpoint ‘abridg[ed]’ their ‘freedom of speech.’ “

Justice Bryer delivered the majority opinion. Justice Brett Kavanaugh filed a concurring opinion, and Justices Samuel Alito and Neil Gorsuch wrote opinions concurring in the judgment.

Upcoming SCOTUS dates

Here are the court’s upcoming dates of interest:

  • May 12: SCOTUS will conference. A conference is a private meeting of the justices. 
  • May 16: SCOTUS will issue orders.
  • May 19: SCOTUS will conference.
  • May 23: SCOTUS will issue orders.
  • May 26: SCOTUS will conference.
  • May 31: SCOTUS will issue orders.

The Federal Vacancy Count

The Federal Vacancy Count tracks vacancies, nominations, and confirmations to all United States Article III federal courts in a one-month period. 

The April report covers nominations, confirmations, and vacancies from April 2 through May 1. 

Highlights

  • Vacancies: There were four new judicial vacancies in April. There were 75 vacancies out of 870 active Article III judicial positions. Including the U.S. Court of Federal Claims and the U.S. territorial courts, 77 of 890 active federal judicial positions were vacant.  
  • Nominations: There were 10 new nominations. 
  • Confirmations: There were two new confirmations.

Vacancy count for May 1, 2022

A breakdown of the vacancies at each level can be found in the table below. For a more detailed look at the vacancies in the federal courts, click here.

*Though the U.S. territorial courts are named as district courts, they are not Article III courts. They are established by Article IV of the U.S. Constitution. Click here for more information.

New vacancies

Four judges left active status since the previous report, creating Article III life-term judicial vacancies. The president nominates individuals to fill Article III judicial positions. Nominations are subject to U.S. Senate confirmation.

The following chart tracks the number of vacancies in the United States Courts of Appeals from the inauguration of President Joe Biden (D) to the date indicated on the chart.

U.S. District Court vacancies

The following map shows the number of vacancies in the United States District Courts as of May 1, 2022.

New nominations

President Joe Biden (D) announced 10 new nominations during the month of April.

Biden has announced 93 Article III judicial nominations since taking office on Jan. 20, 2021. For more information on the president’s judicial nominees, click here.

New confirmations

The U.S. Senate confirmed two nominees since our previous report. 

As of May 1, 2022, the Senate had confirmed 60 of President Biden’s judicial nominees—44 district court judges, 15 appeals court judges, and one Supreme Court justice.

Comparison of Article III judicial appointments over time by president (1981-Present)

  • Presidents have appointed an average of 44 judges through May 1 of their second year in office.
  • Biden made the most appointments through May 1 of his second year with 60, followed by President Ronald Reagan (R) with 58. President Barack Obama (D) made the fewest with 21.
  • President Donald Trump (R) made the most appointments through four years with 234. President Reagan made the fewest through four years with 166.

Need a daily fix of judicial nomination, confirmation, and vacancy information? Click here for continuing updates on the status of all federal judicial nominees.

Or, keep an eye on this list for updates on federal judicial nominations.

Looking ahead

We’ll be back on June 7 with a new edition of Robe & Gavel. Until then, gaveling out! 

Contributions

Brittony Maag compiled and edited this newsletter, with contributions from Kate Carsella and Sara Reynolds.